[Adopted 12-15-1970 as Ch. XVIIIA of the 1970 Revised Ordinances, as amended through 3-5-1974]
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:
BOROUGH
The Borough of Carteret.
DAYLIGHT HOURS
Those hours one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset.
PARK
A park, playground, recreation center or any other area in the borough owned or used by the borough and devoted to active or passive recreation.
SUPERINTENDENT OF PARKS
The person designated by the Chairman of Recreation, Parks and Playgrounds and by the Mayor of the borough.
VEHICLE
Any wheeled conveyance, whether motor powered, animal drawn or self-propelled. The term shall include any trailer in tow of any size, kind or description. An exception shall be made for baby carriages and municipal vehicles in service of the borough.
A. 
Buildings and other property. No person in a park shall:
(1) 
Willfully mark, deface, disfigure, injure, tamper with or displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
(2) 
Willfully mark, deface, disfigure, injure, tamper with or remove any fixture, furnishing, apparatus, appurtenance or any other thing appertaining to a rest room or wash room, nor shall any person perform any act which will or may result in rendering a rest room or wash room unsanitary, unhealthy, noxious or unclean.
(3) 
Dig or remove any sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, downtimber or other wood or material or make any excavation by tool, equipment, blasting or other means or agency.
(4) 
Construct or erect a building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.
B. 
Trees; shrubbery; lawns. No person in a park shall:
(1) 
Damage, cut, carve, burn or set fire to, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant, nor shall any person attach any rope, wire or other contrivance to any tree or plant. No person shall dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area.
(2) 
Climb any tree or walk, stand or sit upon monuments, vases, fountains, railing, fences or gun carriages or upon any other property not designated or customarily used for such purposes.
A. 
Pollution of water. No person in a park shall throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pool, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters.
B. 
Refuse and trash. No person in a park shall dump, deposit, leave or cause or permit to be dumped, deposited or left any bottle, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park or left anywhere on the grounds thereof, but it shall be placed in the proper receptacles where they are provided; where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
A. 
Traffic. No person in a park shall:
(1) 
Fail to obey the instructions or directions of any police officer or park employee regarding traffic control, such persons being hereby authorized and instructed to control or direct traffic wherever and whenever needed within any parks.
(2) 
Fail to observe or obey any and all traffic signs and signals.
(3) 
Ride or drive a vehicle at a rate of speed exceeding 10 miles an hour, except upon such roads where a greater rate of speed is indicated by posted signs.
(4) 
Drive any vehicle on any area except the paved park roads or parking areas or such other areas as may, on occasion, be specifically designated by posted signs as temporary parking areas.
B. 
Parking. No person in a park shall:
(1) 
Park a vehicle in other than a designated parking area in accordance with the posted directions thereat or with the instructions of any park employee who may be present.
(2) 
Park or leave standing any vehicle, whether attended or unattended, on any park road at any time, nor shall any person stop, however briefly, on any park road.
(3) 
Leave unattended upon a park road, any vehicle which is disabled to the extent that the operator cannot move it, except for the purpose of notifying a police officer or employee, such person being authorized and instructed to render whatever assistance is necessary to get help to repair or remove the disabled vehicle.
C. 
Bicycles. No person in a park shall:
(1) 
Ride a bicycle on other than a paved road or path designated by posted signs for that purpose; except, however, that a bicyclist shall be permitted to wheel or push a bicycle by hand on any path, trail or other area of the park where pedestrians are permitted.
(2) 
Ride a bicycle other than on the extreme right-hand side of any road or path nor ride abreast of another bicycle, except in order to pass the other bicycle, nor ride any other person unless the bicycle is specifically constructed to ride more than one person. Bicyclists shall at all times operate their machines with reasonable regard to the safety of others, signal all turns, pass to the right of any vehicle they are overtaking and pass to the right of any vehicles they may be meeting.
(3) 
Leave a bicycle in any place or portion where other persons may trip over or be injured by them.
(4) 
Ride a bicycle on any road except during daylight hours.
A. 
Picnic areas and use. No person in a park shall:
(1) 
Picnic, lunch or otherwise consume food or beverages at any place other than those designated by posted signs for that purpose. Park employees shall have the authority to regulate the activities in such picnic areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Park users shall comply with any reasonable directions given to achieve this end.
(2) 
Violate the regulation that use of the individual fireplaces, together with the adjacent tables and benches, follows the rule of first come, first served.
(3) 
Use any picnic area or any portion thereof or the buildings or structures therein for the purpose of holding picnics to the exclusion of any other persons, unless such exclusive use is authorized by a permit issued by the Superintendent of Parks.
(4) 
Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
B. 
Camping. No person in a park shall camp or otherwise remain overnight without first having secured a camping permit from the Superintendent of Parks, who may attach thereto any reasonable conditions or restrictions.
C. 
Games. No person in a park shall participate in the playing of any games involving thrown or otherwise propelled objects, such as balls, stones, arrows, quoits, horseshoes, javelins or model airplanes, except in those areas designated by posted signs as permitting such forms of recreation.
D. 
Horseback riding. No person in a park shall ride a horse except on designated bridle trails. Where permitted, horses shall be thoroughly broken and properly restrained and ridden with due care and shall not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree or shrub.
A. 
Drinking and intoxication; exception.
[Amended 4-19-1990 by Ord. No. 90-16]
(1) 
No person shall drink, imbibe, consume or possess any alcoholic beverage upon any portion of any park property.
(2) 
In certain specific designated recreational areas, the Superintendent of Parks may issue a special permit for the consumption of alcoholic beverages for consumption at a picnic or other activity sponsored by a nonprofit corporation or organization.
B. 
Fireworks and explosives. No person in a park shall possess, set off or otherwise cause to explode or discharge or burn any fireworks or other explosives prohibited by any law of the State of New Jersey. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound, would be dangerous from any of the foregoing standpoints.
C. 
Domestic animals. No person owning, harboring, keeping or in charge of any dog, cat or domestic animal shall allow such animal to enter any public park.
[Amended 7-17-1979 by Ord. No. 79-7]
D. 
Reservation of facilities. No person in a park shall occupy any seat or bench or enter into or loiter or remain in any pavilion or other park structure or section thereof which may be reserved and designated by the Board for the use of the opposite sex.
E. 
Fires. No person in a park shall kindle or attempt to kindle a fire except in such areas and under such regulations as may be designated by posted sign. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable materials within any park area or on any highway, road or street abutting or contiguous thereto.
F. 
Closed areas. No person in a park shall enter an area posted as "Closed to the Public," nor shall any person use or abet the use of any area in violation of posted notices.
G. 
Games of chance. No person in a park shall gamble or participate in or abet any game of chance not permitted by laws in the State of New Jersey.
H. 
Ice skating. No person in a park shall enter upon any body or water frozen over with ice except those designated by posted signs as permitting skating, provided that a safety signal is displayed.
I. 
Disorderly conduct. No person in a park shall engage in loud, boisterous, threatening, abusive, insulting or indecent language or engage in any disorderly conduct or behavior tending to a breach of the public peace.
J. 
Exhibition of permits. No person in a park shall fail to produce and exhibit any permit required hereunder upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or regulation.
K. 
Interference with permittees. No person in a park shall disturb or interfere unreasonably with any person or party occupying any area of the park lawfully.
L. 
Golf. No person shall engage in the playing of golf in any way, shape or form on park properties.
[Added 9-19-1985 by Ord. No. 85-38]
M. 
Feeding animals. No person shall feed any animal or fish wildlife any food or other substance except such food or substance as may be expressly permitted and conspicuously posted in and about the borough parks from time to time by the Parks Department. Any person violating this subsection shall be subject to a fine not less than $50 or more than $100.
[Added 3-24-1994 by Ord. No. 94-11]
N. 
The Council, from time to time, shall be permitted to make such rules and regulations as it shall deem appropriate for the use of the park and park facilities. Rules and regulations promulgated pursuant to this subsection shall be posted in summary form, in the park for which the rule is intended to apply. Nothing herein shall be interpreted to require the posting of, nor to modify or reduce the effectiveness of, any other rules, regulations, requirements or obligations established in this Chapter 182.
[Added 8-20-1998 by Ord. No. 98-40]
A. 
Hours. Except for unusual and unforeseen emergencies or unless extended by special permit, parks shall be open to the public every day of the year during daylight hours. The opening and closing hours for each individual park shall be posted therein for public information.
B. 
Closed areas. Any section or part of any park may be declared closed to the public by the Superintendent of Parks at any time and for any interval of time, either temporarily or at regular and stated times, daily or otherwise, and either entirely or merely to certain use, as the Superintendent of Parks shall find reasonably necessary.
C. 
Permit.
(1) 
A permit shall be obtained from the Superintendent of Parks before participating in the following park activities:
(a) 
Camping or otherwise remaining in a park overnight.
(b) 
Entering or remaining in a park except during daylight hours.
(c) 
Entering any section or portion of a park temporarily or permanently closed to the public.
(d) 
Using any picnic area or any building or structure therein to the exclusion of any other person or for any other activity prohibited or not specifically permitted under the terms of this Article.
(2) 
Application. A person seeking issuance of a permit hereunder shall file an application with the Superintendent of Parks. The application shall state:
(a) 
The name and address of the applicant.
(b) 
The name and address of the person sponsoring the activity, if any.
(c) 
The day and hours for which the permit is desired.
(d) 
The park or portion thereof for which such permit is desired.
(e) 
An estimate of the anticipated attendance.
(f) 
Any other information which the Superintendent of Parks shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
(3) 
Standards for issuance. The Superintendent of Parks shall issue a permit hereunder when he finds:
(a) 
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
(b) 
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
(c) 
That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct.
(d) 
That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the borough.
(4) 
Conditions. The Superintendent of Parks is hereby authorized to attach to a permit issued hereunder any reasonable conditions which, in his opinion, are necessary to ensure that the proposed activity will conform to the above standards.
(5) 
Appeal. Within 10 days after receipt of an application, the Superintendent of Parks shall apprise an applicant, in writing, of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal, in writing, within 10 days to the Borough Council, which shall consider the application under the standards set forth in this subsection hereof and sustain or overrule the Superintendent of Parks' decision within 15 days. The decision of the Borough Council shall be final.
(6) 
Effect of permit. A permittee shall be bound by all state laws, applicable borough ordinances, park rules and regulations and any conditions or restrictions attached to the permit.
(7) 
Liability of permittee. The person to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the persons to whom such permit shall have been issued.
(8) 
Revocation. The Superintendent of Parks shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
A. 
The Superintendent of Parks and the Police Department shall, in connection with their duties imposed by law, diligently enforce the provisions of this article.
B. 
The Superintendent of Parks and any police officer shall have the authority to eject from the park any person acting in violation of the provisions of this Article, provided that such person first receives verbal warning or notice of the same. Failure to heed such notice or warning shall result in fine and penalty as prescribed in § 182-9.
C. 
The Superintendent of Parks and any police officer shall have the authority to seize and confiscate any property, thing or device in the park used in violation of the provisions of this Article.
D. 
Any juvenile found by a police officer to be in violation of any rule regarding conduct within the parks shall be taken into police custody and released thereafter to his or her parent or guardian. The parent and guardian shall immediately be notified and required to report to police headquarters to obtain release of the juvenile.
[Added 3-4-1999 by Ord. No. 99-6]
E. 
In determining the age of the juvenile, and in the absence of convincing evidence such as a birth certificate, a police officer shall use his or her best judgement in determining age.
[Added 3-4-1999 by Ord. No. 99-6]
F. 
When a parent or guardian is immediately called and has come to take charge of the juvenile, information shall be sought from the parent or guardian or person having legal custody of the minor so as to permit ascertainment, under constitutional safeguards, of relevant facts and to centralize responsibility in the person designated there and then on duty for accurate, effective, fair, impartial and uniform enforcement and recording making.
[Added 3-4-1999 by Ord. No. 99-6]
G. 
If a parent of guardian cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to the juvenile authorities. The juvenile may temporarily be entrusted to any adult, relative, neighbor or other person who will on behalf of a parent assume the responsibility of caring for the juvenile pending availability of the parent or guardian.
[Added 3-4-1999 by Ord. No. 99-6]
H. 
In the case of a juvenile, a formal warning shall be issued to a first offender and served upon the parent or guardian in person or by certified mail. Thereafter, a summons shall be issued to a second offender and served upon the parent or guardian in person or by certified mail.
[Added 3-4-1999 by Ord. No. 99-6]
I. 
If the juvenile has been issued a warning, or convicted of violating this article on a prior occasion within six months of the date of the alleged subsequent violation, there shall be a presumption that the parent or guardian having care of the juvenile knew or should have known of the juvenile's violation of this article.
[Added 3-4-1999 by Ord. No. 99-6]
[Amended 4-19-1990 by Ord. No. 90-16; 3-4-1999 by Ord. No. 99-6]
A. 
After receipt of a warning notice pursuant to § 182-8 of a first violation by a juvenile, if the juvenile is found guilty of a second violation of the park rules he shall be deemed to be in violation of this article and subject to the penalties set forth in § 182-9(B); additionally the parents and guardian of the juvenile shall also be subject to prosecution under this article under such circumstances.
B. 
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to a penalty as stated in § 1-17 of this Code.